The members of the Upper House or Legislative Council of New South
Wales are nominated for life by the Governor, not elected, like those
of Victoria and Tasmania, by a higher-class constituency. This plan
was adopted by the framers of the Constitution with the intention of
giving it a Conservative character. The effect has been the reverse of
what was intended. A nominee of the Governor is generally in reality a
nominee of the Ministry for the time being. Subject to his consent, it
is in the power of the Ministry to swamp the Council by the creation
of new members, and thus obtain a preponderating majority; and on
at least one occasion this has been done. It is indeed understood
that the Governor who gave his consent much regrets having done so,
and it may be hoped that the experiment will not be repeated. But
the authority of a legislative chamber cannot fail to be impaired by
the bare possibility of such treatment. Under the most favourable
circumstances, the Members, being nominated for having already attained
a certain position in the colony, are not likely to be very young
when appointed; and as they hold their seats for life, it is likely
that there will generally be an unduly large proportion of old men.
A Council so constituted, and having but little prestige of superior
birth or education to support it, is not likely to be a match for
a capricious and turbulent Lower House, borne on the flood-tide of
present popularity, and ever ready to provide for present emergencies
at the expense of the future. Hence it is not to be wondered at if it
does not occupy so prominent a position relatively as the Victorian
Council, which has lately so firmly and successfully opposed the
unconstitutional proceedings of a Ministry supported by a large
majority of the Lower House, and by a small majority of the population.
In answer to a question as to the character and composition of the
Lower House, or Legislative Assembly, I was told that it was _now_
no worse than that of Victoria. Probably this was about as much as
could be said for it. The facts which I mentioned in a former letter
concerning the Victorian Assembly may be an assistance in estimating
the force of the comparison. I may add that since I wrote, one of its
Members has been sentenced to a term of imprisonment for forgery,
and the keeper of one of the most notoriously disreputable taverns
in Melbourne has entered it, being chosen for an important district
in preference to an opponent who is an old colonist, an educated
gentleman, and a man of unquestionable ability and integrity.
Public-domain text, read in full here on John Shaqi.
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